Credit Card Surcharge Laws in Florida (2026 Guide)

Is it legal to surcharge credit cards in Florida?

In practice, yes. Florida Statute §501.0117 makes it unlawful for a seller to impose a surcharge on a credit card transaction, but the Eleventh Circuit Court of Appeals struck that statute down as an unconstitutional restriction on speech in Dana's Railroad Supply v. Attorney General (2015). Florida's own Attorney General's consumer protection page confirms the law "was held unconstitutional by federal courts" and that "merchants in Florida may add a surcharge to credit card purchases" (Florida Attorney General). The statute remains on the books but is not enforced.

The rules that still apply

• Visa's 3% cap and Mastercard's 4% cap still govern the surcharge amount — see the full national rules guide.
• The surcharge can never exceed the merchant's actual cost of accepting the card.
• Debit and prepaid cards can never be surcharged — a federal rule (the Durbin Amendment) that applies in Florida regardless of the state statute's status.
• Merchants must give their processor 30 days' written notice and disclose the surcharge via signage, a point-of-sale notice, and a separate receipt line item.

Florida's new 2026 menu & receipt disclosure law

Effective July 1, 2026, Florida Statute §509.214 requires every public food-service establishment that charges an automatic gratuity, service charge, or credit card surcharge to disclose the amount or percentage and purpose of that charge on each food menu and on any website or app used to place orders, in a font size at least as large as the surrounding menu text. Each customer's receipt must also disclose the charge, with a separate line for it. Violations can bring administrative fines up to $1,000 per offense, mandatory remedial education, and license suspension or revocation (Greenberg Traurig). This applies specifically to restaurants and other food-service operations, on top of the standard card network disclosure rules.

How PayWavez keeps this compliant

PayWavez applies a standard 3% surcharge to credit transactions only, handles the 30-day processor notice, and configures your terminal's signage and receipt line items automatically. Florida restaurants should also review the restaurant surcharge compliance guide for the menu and receipt disclosure specifics.

Related guides

• Credit Card Surcharge Laws & Compliance Rules — the full national rulebook.
• How to Add a Credit Card Surcharge Legally — the six-step setup checklist.
• Surcharging vs. Dual Pricing vs. Flat Rate — which pricing model fits your business.